Telerex E-Tech Pvt Ltd vs Vital Construction Pvt Ltd
2013 Latest Caselaw 651 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: February 11, 2013
+                            Arb.P.No.48/2013

       TELEREX E-TECH PVT LTD                     ..... Petitioner
                    Through   Mr.Anil K.Kher, Sr.Adv. with
                              Mr.D.R.Bhatia, Adv.

                    versus

       VITAL CONSTRUCTION PVT LTD                             ..... Respondent
                    Through  None

       CORAM:
       HON'BLE MR. JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J.

1. The abovementioned petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of a sole Arbitrator, to adjudicate upon the disputes and differences that have arisen between the parties under the Agreement/Purchase Order dated 15 th October, 2010.

2. Brief facts as per the case of the petitioner are that the petitioner is a Company incorporated under the Companies Act, 1956, engaged in providing consulting, designing, implementing and integrating solutions to its valued customers.

3. It is alleged in the petition that the respondent approached the petitioner in the month of September 2010 and requested to assist the respondent in supply, installation, configuration, testing and handing over audio visual component. Upon representations made by the petitioner, the respondent released the purchase order dated 15th October, 2010 to the

petitioner. In terms of the said Purchase Order, the petitioner was to complete the works within a period of six weeks from the date of the Letter of Intent/Purchase Order. It is submitted that it was only in April/May 2011, i.e. nearly after 6 months from the date of issuance of the Purchase Order, that the petitioner was given access to the site. Thereafter also, the respondent placed vague orders on various suppliers without mentioning the time schedule for delivery of such materials. The respondent neither made an advance payment of 25%, balance 75% nor intimated the suppliers about the date and time when these materials are to be supplied.

4. Mr. Anil K. Kher, learned Senior counsel appearing on behalf of the petitioner submitted that as the respondent has caused serious breach of the terms of purchase order committing illegal actions arising from the said purchase order, the petitioner is entitled to claim and recover a sum of Rs.1,66,84,676/- with interest and costs from the respondent under various heads. The petitioner demanded the said amount vide notice dated 26 th November, 2012.

5. There is an arbitration agreement as contained in the abovesaid Purchase Order. The seat of Arbitration is at New Delhi. The respondent was called upon through the abovesaid legal notice to take steps in accordance with the arbitration agreement. However, the respondent did not respond to the said notice till date.

6. In view of statement made in the petition, issue notice to the respondent, returnable on 23rd April, 2013. Dasti also.

(MANMOHAN SINGH) JUDGE FEBRUARY 11, 2013